The speed must always be moderate and appropriate to avoid accidents. The principle naturally assumes special value in relation to those who practice driving a vehicle; so much so that a derogation of Art. 116 CDs encourage careful behavior, even when accompanied by the instructor. In fact, although it is necessary to intervene immediately in an emergency, the latter can still perform this function except in the presence of extremely low speeds. In the case presented here, the holder of the operating license was the holder of a valid Albanian driving license; but after residing in Italy for more than a year, and as this title was not convertible, the turnover took place by virtue of the so-called Italian “pink sheet” and the exercise, performed on a vehicle, without the presence of a person who could perform the functions as an instructor (holder of a license of the same category requested by the student, obtained less than ten years ago), were not permitted, resulting in a violation of Art. 122.
Following a traffic accident, the local police found the violation (art. 141, c. 1) against the applicant, circulating at a speed not commensurate with his abilities, as he was the holder of a permit to practice ex-art. 122. The violations occurred after the overall examination of the collected elements and the dynamics of the event were reconstructed (Art. 113, Act no. 689/1981), which legitimized the posthumous finding of an administrative violation as that provided for in Art. 141 CDs. As for the finding of the infringement, it is merely a finding; for that in art. 141 it is necessary to refer to the objective data collected “on the spot”. Aware that the assessment report thus prepared does not have the quality of a public deed (according to Article 2700 of the Civil Code) and is therefore not protected by the privileged belief that separates the acts that testify to facts , that public official has witnessed directly, becomes It is advisable to examine the factual and legal elements that led to the assessment.
The applicant’s vehicle, which passed through a straight stretch of road, marked by significant vehicular and pedestrian traffic, had maintained a careless speed in relation to the characteristics of the artery and to his driving ability. In fact, traces of braking for over 13 meters were recorded on the ground; after which the driver lost control of the vehicle and continued for another 25 until he finished the race in the middle of the vegetation. Taking into account the braking distance, the collision between the vehicles and the consequent damage (as well as the fact that the car stopped after a further 25 m.), It is clear that the driver’s behavior was not in accordance with Art .. 141; and for this reason the relative sanction was implemented. As regards the possession of the Albanian driving license, it was noted that the instructor had been resident in Italy for more than one year and that he was in possession of the license to practice under Art. 122. In addition to those who practiced, there was therefore a person who lacked the required conditions (c. 2), who holds a license for less than 10 years, but of the same category as the one requested by the student about. permission to exercise; therefore, the passenger could not assume the role of instructor. As for the aspect regarding the possession of the international driving license, the driving license issued by Albania and the license to practice to obtain the cat. B, it was noted that the instructor had acquired residence in Italy for over a year, with retained Albanian citizenship. For this reason (Article 136, Legislative Decree No 285/1992), the non-EU driving license had to be converted (within one year of acquiring residence in Italy). At present, it was not possible to convert Albanian driving licenses; after one year after the acquisition of residence in Italy, the title and the relative international authorization ceased to have effect on the national territory, although it could continue to exist and be used by the holder to circulate abroad until, in any event, Italian driving license was not issued as possession of more than one driving license is not allowed within the EU.
For this reason, during the training phase (and in the absence of a suitable instructor), especially when doing so on busy roads, it is necessary to exercise special caution and to regulate the speed in such a way as not to endanger traffic; which, on the other hand, took place in the accident described above, which the applicant caused precisely because of his careless, imperishable and absolutely non-observant conduct in relation to the rules of the road.
Claudio de Luca